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Walford, Kevin C
From: Daryl Vreeland fDVreeland@miami-airport.com]
Sent: Wednesday, January 26, 2005 8:52 AM
To: Wa'ford, Kevin C; Ferras, Jose; Lavernia, Roberto
Cc: Manuel A. Rodriguez; Jose A Ramos
Subject: Bybios Condo Lofts
Mr. Walford:
The Miami -Dade Aviation Department has reviewed the proposal dated January 7, 2005 for the Bybios Condo
Lofts structure located on Bird Road between SW 38th AVE and SW 38th CT. Our review finds that the
referenced structure at 147 ft Above Mean Sea Level conforms to the Miami -Dade County Height Zoning
Ordinance.
This height determination is an estimate issued on a preliminary or advisory basis. For a more accurate
determination, you may re -submit this information to us by providing latitude and longitude coordinates of the
footprint of the proposed structure in "degrees, minutes, seconds" format using a NAD83 projection with an
accuracy of three decimal places (for the `seconds' number).
Since the proposed structure is less than 200 ft Above Mean Sea Level, the applicant does not need to file with
the FAA form 7460-1, `Notice of Proposed Construction Alteration for Determination of Known Hazards'.
However, construction cranes for this project exceeding 200 ft in height must be filed by the construction
contractor using FAA form 7460-1. The form is available through this office or through the FAA website:
ttp://forms.faa.gov/forms/faa7460-1.pdf. This form should be mailed to: Southern Regional Office, Air Traffic
ivision, ASO-520, 1701 Columbia Avenue, College Park, GA 30337.
Please note that the airspace review and approval process is governed by two different regulations: the Miami -
Dade County Height Zoning Ordinances and Federal Regulation Title 14 Part 77. Neither MDAD nor any
MDAD staff has the power or authority to enforce the County's zoning provisions or the FAA requirements.
The County's Department of Planning & Zoning (P&Z) enforces the County's height zoning provisions
(Section 33-340) which states that "all applications for permits made to appropriate municipal Building and
Zoning Departments or agencies for all construction...shall be approved by the [Miami -Dade Department of
Planning and Zoning] Director and the Building Official or by their duly authorized representatives prior to
issuance of the permit." The FAA has its own airspace evaluation requirements, as well as the right to permit or
not permit construction of a facility or use of a crane based on the particular facts then presented before the
FAA. Only P&Z can make the final determination as to whether the County's zoning requirements and height
limitations are met, and only FAA can make the determination as to whether FAA building and height
requirements are met.
As the permit -issuing agency, you are reminded that no final approval or building permit should be issued until
the City of Miami has in its possession a copy of the FAA "Determination of No Hazard" for this structure.
Your agency must assure that no point of this structure is constructed higher than the lower (more restrictive) of
either 1.) The FAA `Determination of No Hazard' height or 2.) A maximum height as stated by the Miami -Dade
County Height Zoning Ordinance.
Similarly, the City of Miami has the responsibility to ascertain that the proposed crane height is not a danger to
Woviation navigation by confirming that the proposed crane height does not exceed the height stated by the FAA
n the "Determination of No Hazard" for the crane and that the crane is properly flagged, lighted, and otherwise
marked according to FAA standards.
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This determination is based, in part, on the description provided to us by the City of Miami, which includes
, specific building locations and heights. Any changes in building locations/layouts or heights will void this
determination. Any future construction or alteration, including an increase to heights requires separate notice to
e FAA and the Miami -Dade Aviation Department.
Should the applicant have any questions in obtaining and/or filling out FAA foriii 7460-1 or if I can be of any
further assistance, please feel free to contact me at 305-869-3834.
Respectfully,
Daryl Vreeland
Junior Aviation Planner
Miami -Dade Aviation Department
Phone: 305-869-3834
Fax: 305-876-7630
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1/26/2005